Chapter XIII - Miscellaneous
Section 154
Section 154: Convention priority applications
A qualifying Indian application filed within six months of the relevant convention-country application can receive the earlier application date if registered.
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Need advice on Section 154?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) With a view to the fulfilment of a treaty, convention or arrangement with any country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or Inter-Governmental Organisation to be a convention country or group of countries or union of countries or Inter-Governmental Organisation, as the case may be, for the purposes of this Act.
(2) Where a person has made an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation and that person, or his legal representative or assignee, makes an application for the registration of the trade mark in India within six months after the date on which the application was made in the convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisations, the trade mark shall, if registered under this Act, be registered as of the date on which the application was made in the convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation and that date shall be deemed for the purposes of this Act to be the date of registration.
(3) Where applications have been made for the registration of a trade mark in two or more convention countries or country which are members of group of countries or union of countries or Inter-Governmental Organisation, the period of six months referred to in the last preceding sub-section shall be reckoned from the date on which the earlier or earliest of those applications was made.
(4) Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this Act.
Rule and business relevance
The convention status is based on the prescribed Gazette declaration. Where there are multiple qualifying foreign applications, the six-month period runs from the earlier or earliest. Subsection (4) does not permit infringement damages for conduct before the Indian registration application date.
Limits and related provisions
Priority does not mean every foreign filing automatically creates Indian registration or pre-filing damages. Verify qualifying status, applicant succession and the earliest date.
Hypothetical business example
Hypothetical example: A brand owner with two qualifying foreign applications calculates its Indian filing window from the earlier one and keeps its priority evidence.
Practical decision flow
Confirm the notified convention relationship and applicant entitlement.
Identify the earliest relevant foreign application and six-month deadline.
File the Indian application and distinguish priority from damages entitlement.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Confirm the notified convention relationship and applicant entitlement.
- Identify the earliest relevant foreign application and six-month deadline.
- File the Indian application and distinguish priority from damages entitlement.
Avoid
- Priority does not mean every foreign filing automatically creates Indian registration or pre-filing damages. Verify qualifying status, applicant succession and the earliest date.
Glossary
- Convention priority
- The earlier-date benefit available under the stated conditions.
- Earliest application
- The date controlling the period where more than one qualifying application exists.
Frequently asked questions
Does a foreign application automatically register the mark in India?
No. The provision requires the qualifying Indian application and registration.
Which date controls multiple foreign filings?
The earlier or earliest qualifying application.
Does priority allow damages before the Indian application date?
Subsection (4) expressly excludes that entitlement.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026